Sometimes, things just don’t go exactly as planned.
One day, you were totally happy together. It felt like a blissful love affair
that would last forever. Five years later, you can’t stand the sight of each
other and you argue over the little things. Both of you give up on the marriage
and finally decide that it is time to get a divorce.
Divorce is an expensive process, especially for the
husbands. That’s because they have to pay alimony or spousal support as it is
more commonly known nowadays. Alimony is not mandatory, but if the wife needs
it, a judge can agree to it.
When will a wife be given spousal support? Usually,
the premise should be that the wife won’t be able to handle the finances once
the divorce is in process and final. This primarily happens when the married
couple was accustomed to a standard of living and by the couple legally separated;
the wife won’t be able to secure the same lifestyle as she had when she was
married. In such a case, the husband will be ordered to pay financial support
for the wife to live the same life enjoyed when they were married.
The agreement for alimony will greatly depend on
what the lawyers will agree on and depending on the demands of the wife. There
can be a time frame to be followed like unlimited period, until the death of
the wife or if she remarries or it can end on a specific date. However, spousal
support cannot be applied to marriages that only last for three years or less
and if both husband and wife are self-sufficient.
The amount of spousal support will also depend on
the standard of living the couple was accustomed to. If they lived lavishly,
the bigger the amount the husband will have to pay. While the amount is really
not a fixes figure decided by the court, the two parties will have to decide on
this. One way to calculate for spousal support is getting 40% of the husband’s
net income, then deducted by 50% of the wife’s net income.
Now what about child support payments? Will it
affect the judge’s approval if the wife demands for spousal support and child
support at the same time? This is really a case-to-case scenario. But for sure,
child support is prioritized over spousal support.
If you or your husband is already filing for divorce
and you’ve been a stay-at-home mom for years, you should know that you have the
right to alimony. Contact a lawyer right away to help you with this matter.
Nancy McRoberts Parham P.A
210 N. Pierce St., Tampa, FL 33602
(813) 228-0219
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